FCA’s 1st-To-File Bar — When Is An Action 'Pending'?

Law360, New York (August 17, 2012, 1:37 PM EDT) -- Recent decisions by two federal district courts indicate diverging interpretations of the False Claims Act’s first-to-file bar.

So what does "pending" mean anyway? In the last month, one federal court found that a dismissed action constituted a “pending action.” But another federal court found that a dismissed action did not. And both federal courts relied on the same appellate authority.

A federal court only has subject matter jurisdiction over the first qui tam complaint to allege a certain type of fraud. False Claims Act, 31 U.S.C....
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